Writing a will is one of those tasks that many of us put off. It’s not exactly a fun topic to think about, but it’s incredibly important. Whether you’re just starting to think about writing a will, or you’re considering doing it yourself, there are some common pitfalls you should avoid.
Here are five things you should never do when it comes to writing a will.
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Don’t Procrastinate
The Risk of Delay
One of the biggest mistakes you can make is putting off writing your will. According to a survey by Royal London, nearly 60% of adults in the UK don’t have a will in place. This can lead to significant issues for your loved ones if something unexpected happens.
Without a will, your estate will be distributed according to the rules of intestacy, which might not align with your wishes.
Real-Life Consequences
Consider the case of John, who passed away suddenly without a will. His estate was divided among his relatives according to the law, leaving his long-term partner with nothing. This caused unnecessary stress and financial hardship for his partner, which could have been avoided with a proper will.
Expert Insights
Rebecca Stringfellow, a partner at Dootsons and specialist in wills and probate, explains: “Procrastination is one of the biggest risks when it comes to estate planning. It’s crucial to have a will in place to ensure your wishes are respected and your loved ones are protected.”
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Don’t Use a DIY Will Kit
The Dangers of DIY
DIY will kits might seem like a cost-effective solution, but they come with significant risks. A study by the Law Society found that DIY wills are more likely to be contested in court.
This is because they often contain errors or ambiguities that can lead to disputes among beneficiaries.
Expert Insights
Rebecca advises that “DIY wills can be a false economy. They often lack the necessary legal language and can be easily challenged. It’s always best to seek professional advice to ensure your will is legally sound.”
Take the case of Mrs Cunliffe from Tyldsly, who’d had some bad experiences previously. After the passing of her husband, she discovered that the will contained several ambiguities, could have led to a lengthy and costly legal battle. This could have been avoided with professional guidance.
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Don’t Forget to Update Your Will
Your will should reflect your current circumstances. Major life events such as marriage, divorce, the birth of a child, or the purchase of a property should prompt a review of your will. Failing to update your will can lead to unintended consequences.
Life Changes
Take Sarah, who wrote her will before getting married. After her marriage, she didn’t update her will, which meant her husband wasn’t included as a beneficiary. When she passed away, her estate was distributed according to her outdated will, causing confusion and distress for her family.
Rebecca advises “Regularly reviewing and updating your will is essential. Life changes, and your will should change with it to ensure it accurately reflects your wishes.”
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Don’t Overlook the Importance of Witnesses
Legal Requirements
For a will to be valid in the UK, it must be signed in the presence of two witnesses who are not beneficiaries. This might seem like a simple step, but it’s crucial. Failing to have the correct witnesses can render your will invalid.
Common Mistakes
Many DIY wills fail because they don’t meet this basic requirement. For example, if a beneficiary acts as a witness, they could lose their inheritance. Ensuring your will is properly witnessed is a key reason to use a solicitor.
Consider someone who had their will witnessed by their two children, both of whom were beneficiaries. This mistake would have invalidated the will, leading to a lengthy legal process to resolve the issue.
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Don’t Neglect Professional Advice
The Value of Expertise
Writing a will involves more than just listing who gets what. There are legal, financial, and tax implications to consider. A solicitor who specialises in wills, trusts, and probate can provide invaluable advice to ensure your will is comprehensive and legally binding.
Peace of Mind
By using a professional, you can have peace of mind knowing that your will is correctly drafted and reflects your wishes. This can prevent disputes and ensure your loved ones are taken care of according to your intentions.
Rebecca emphasises that “a professionally drafted will can save your loved ones from unnecessary stress and legal battles. It’s an investment in peace of mind and security for your family.”
Additional Tips for Writing a Will
Consider Digital Assets
In today’s digital age, it’s important to consider your digital assets when writing a will. This includes online accounts, social media profiles, and digital files. Make sure to include instructions on how these should be managed.
Choose Executors Wisely
Your executors will be responsible for carrying out your wishes, so choose them carefully. It’s a good idea to appoint more than one executor and to discuss your plans with them in advance.
Plan for Contingencies
Life is unpredictable, so it’s important to plan for contingencies. This might include naming alternate beneficiaries or setting up trusts for minor children.
Secure Your Legacy by Having Your Will Written Professionally
Writing a will is one of the most important things you can do to protect your loved ones. By avoiding these common mistakes and seeking professional advice, you can ensure your will is clear, legally sound, and reflects your wishes.
Don’t leave it to chance – consult a solicitor who specialises in wills, trusts, and probate to get it right.
Answers to Your Questions
What are the biggest mistakes people make with their will?
One of the biggest mistakes people make is not having a will at all. It’s easy to put off, but without a will, your estate will be divided according to the law, which might not reflect your wishes. Another common mistake is using a DIY will kit. These often contain errors or ambiguities that can lead to disputes.
Not updating your will after major life changes, like marriage or the birth of a child, is another biggie. And finally, not having the correct witnesses can invalidate your will entirely.
How to avoid common mistakes when making a will?
The best way to avoid mistakes is to seek professional advice. A solicitor who specialises in wills can ensure your will is legally sound and reflects your wishes. Make sure to update your will regularly, especially after major life events. Avoid DIY kits, as they often lead to errors.
And remember, your will needs to be signed in the presence of two witnesses who aren’t beneficiaries to be valid.
What is the golden rule in will writing?
The golden rule in will writing is to ensure clarity and precision. Your will should clearly state your wishes to avoid any misunderstandings or disputes. This is why professional advice is so important. A solicitor can help you use the correct legal language and ensure all your bases are covered. It’s also crucial to regularly review and update your will to reflect any changes in your life circumstances.
What automatically invalidates a will?
Several things can automatically invalidate a will. If it’s not signed in the presence of two witnesses who aren’t beneficiaries, it’s not valid. If you get married or enter into a civil partnership after making your will, it’s automatically revoked unless it was made in contemplation of that marriage or partnership.
Also, if your will is found to be fraudulent or made under duress, it can be invalidated. This is why it’s so important to get professional help to ensure everything is done correctly.